With a decision by the STJ, the Treasury will not make a MP to collect taxes on tax incentives, says Haddad

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The Minister had informed at the beginning of the month that the government would edit a provisional measure to correct what he considered to be a tax distortion, which reduced revenue by R$ 90 billion per year. With the favorable decision in the First Section of the Superior Court of Justice (STJ) this Wednesday (26), the Minister of Finance, Fernando Haddad, informed that it will no longer be necessary to send a provisional measure to allow the Union to charge federal taxes on tax incentives, via ICMS, granted by the states to companies. Haddad had informed at the beginning of the month that the government would edit a provisional measure to correct what he considered to be a tax distortion, approved via a jabuti amendment, in a bill, and that was causing the Union to stop collecting less R$ 90 billion a year. However, the same issue was already being addressed by the STJ. This Wednesday, unanimously, the ministers decided that taxes should be levied on certain tax incentives given by states to companies. According to Haddad, the decision of the STJ already pacifies the issue. “No, this decision is a decision that pacifies the issue”, said the finance minister when asked if he would still send the MP Haddad admitted that the issue is still subject to appeal in higher courts, but said he was calm. “There may be an appeal, but we are very confident that this decision will be maintained, as it is fair, correct, charges those who were not paying, does not increase the tax burden.” The minister also said that he considered the judgment exemplary, in line with what the Treasury defends, of correcting tax distortions that reduce federal revenue. The government seeks to recompose the collection to meet the goal of zeroing the public deficit in 2024 and start having surpluses (revenues greater than expenses) from 2025. “This gives a lot of confidence that we are on the right path to remove from the tax system what which is preventing the search for a budget balance. (…) The problem is the so-called tax expenditure, the money that goes through the relo in these decisions that end up disturbing the Brazilian tax system”, said Haddad. “It really was a big damage to the public accounts, and the STJ repaired it unanimously”, he added. André Mendonça suspends judgment at the STJ that could yield R$ 90 billion to the government New measures for collection Haddad commented that new measures aimed at recomposing the collection will come. “Obviously we are going to take other measures related to the fiscal framework to give consistency to the budget, we want all these measures to be taken by August, because then the budget can be forwarded in August already close to the balance foreseen in the framework.” Among these measures are the taxation of sports betting sites and a compliance agreement with foreign e-commerces so that the import tax is withheld directly on the purchase.

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